Sunday, December 7, 2025

Is Cousin Marriage Legal in Maine?

Is This Legal? has an undated article about cousin marriage:

Yes. Under Maine law there is no explicit statutory prohibition on marriage between first cousins. Prohibitions focus on closer degrees of consanguinity such as ancestor-descendant and siblings as defined in Maine Revised Statutes, Title 19-A. Couples who are first cousins therefore may obtain a marriage license in Maine subject to the usual procedural requirements and any applicable age and capacity rules.

Maine’s marriage laws are codified in Title 19-A of the Maine Revised Statutes. That statutory scheme defines prohibited marriages by close familial relationships commonly described as incestuous. Those prohibitions target parent-child relationships, full siblings, and similar close-line relationships. Because first cousins are not listed among the forbidden degrees, Maine courts and clerks treat cousin marriages as legally permissible. For authoritative interpretation consult Title 19-A and local town clerks or a family law attorney.

The article falsely claims that genetic counseling is not a requirement, but only voluntary. I am planning to send them an email about it. I checked the website of Maine's legislature and it states this: "B. Notwithstanding paragraph A, a man may marry the daughter of his father's brother or sister or the daughter of his mother's brother or sister, and a woman may marry the son of her father's brother or sister or the son of her mother's brother or sister as long as, pursuant to sections 651 and 652, the man or woman provides the physician's certificate of genetic counseling."

On the plus side I give Maine credit for implying that a man marries a woman and the other way around. Or maybe the implication is that genetic counseling is unnecessary for alternative forms of marriage where there is no chance of pregnancy.

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